Sarika Ananda Sawant v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1909 OF 2024 Sarika Ananda Sawant ...
Applicant vs.
The State of Maharashtra ...
Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 1910 OF 2024 Ananda Shivaji Sawant and others ...
Applicants vs.
The State of Maharashtra ...
Respondent Mr. Tushar Sonavane a/w. Ms. Pooja Satpute and Mr. Parth Chande for applicants in both applications.
Mr. Tanveer Khan, APP for respondent-State.
Mr. Rajkumar Ganpat Dhobale, Head Constable, Pandharpur Rural Police Station, District Solapur Rural.
CORAM : MANISH PITALE, J.
DATE :
19th JULY, 2024 P.C. :
.
Heard learned counsel for the applicants and learned APP for the respondent-State.
2.
The applicants in both these applications are apprehending arrest in connection with FIR No.0154 of 2024 dated 11.05.2024 registered at Pandharpur Rural Police Station, District Solapur Rural, for offence under Section 420 read with Section 34 of the Indian Penal Code, 1860. 3.
The applicant in Anticipatory Bail Application No.1909 of 2024 is the Digitally signed by PRIYA KAMBLI Date:
2024.07.19 18:32:30 +0530 PRIYA KAMBLI mother of the accused Soham Ananda Sawant, who is the cousin of the informant. Applicant No.1 in Anticipatory Bail Application No.1910 of 2024 is the father of the said Soham Ananda Sawant and applicant Nos.2 and 3 in 1/3
the said application are the residents of the same village where the informant resides.
4.
In the present case, the statement of the informant shows that according to him, all the accused persons induced him into paying amounts on various dates totalling more than 2 lakhs to the accused Ganesh ₹ Tukaram Kaulage on the false promise of finding him a good job. The amounts were transferred by the father of the informant on the aforesaid false promise allegedly made by the accused persons. 5.
The learned counsel for the applicants submits that in the statement of the informant, general and vague allegations have been made against the applicants and it is not even alleged that the said amounts were transferred to any of the applicants before this Court. On this basis, it is submitted that since the applicants are ready to co-operate with the investigation, this Court may consider granting relief in the present applications. 6.
The learned APP submits that the investigation has revealed that amounts were transferred into the account of the accused Ganesh Tukaram Kaulage and that the statements recorded during the course of investigation also make allegations similar to the statement of the informant, leading to registration of FIR.
7.
This Court is of the opinion that even if the statement of the informant is to be accepted as it is, only general and vague allegation is made against the applicants about their involvement in the present case. It is generally stated that they induced the informant and his father into depositing the amounts into the account of the accused Ganesh Tukaram Kaulage on the false promise of finding a job for the informant. The applicants are evidently not the beneficiaries of the amounts transferred and hence, they have made out a prima facie case in their favour.
2/3
8.
In view of the above, the applications are allowed in the following terms:
(i) In the event the applicants in both these applications are arrested in connection with FIR No.0154 of 2024 dated 11.05.2024 registered at Pandharpur Rural Police Station, District Solapur Rural, they shall be released on bail on furnishing PR Bond of 15,000/- each with one or ₹ two sureties in the like amount to the satisfaction of the trial Court; (ii) the applicants shall remain present before the Investigating Officer on 22.07.2024 between 10:00 a.m. and 12:00 noon and thereafter, as and when the Investigating Officer calls upon them to remain present; (iii) the applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case;
(iv) the applicants shall co-operate with the investigation and also in the proceedings before the trial court.
9.
In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled. 10.
It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail applications and the trial court shall proceed further in the matter without being influenced by the observations made hereinabove.
11. The applications stand disposed of.
(MANISH PITALE, J) Priya Kambli 3/3